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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MR. JUSTICE PARTHIVJYOTI SAIKIA, J
Cholamandalam Ms General Insurance Company Limited – Appellant
Versus
Golamoni Urang And Anr W/o- Late Birsha Urang @ Birisha – Respondent
JUDGMENT :
PARTHIVJYOTI SAIKIA, J.
Heard Mr. R. Goswami, learned counsel representing the appellant Insurance Company. Also heard Mr. A.B. Dey, learned counsel representing the respondents.
2. This is an appeal under Section 30 of the Employee’s Compensation Act, 1923, against the judgment and order dated 25.04.2022 passed by the Commissioner for Employee’s Compensation, Cachar in E.C. Case No.13/2018.
3. On 08.02.2018, late Ajit Urang was driving the vehicle bearing Registration No.AS-11-BC-8675 (Tipper). On that day, one of the front tyres was punctured. The petitioner intended to change the tyre. Therefore, he lifted the vehicle by using a jack. But the jack slipped and the deceased sustained head injuries. Thereafter, on 10.02.2018 at about 7.20 P.M., he succumbed to his injuries.
4. His mother Golamoni Urang filed the application before the Commissioner seeking compensation of Rs.18,000,00/-.
5. The Respondent No.2, being the owner of the said vehicle admitted that the deceased was his employee in respect of the said vehicle. He also admitted that the accident took place in course of employment.
6. The present appellant, inter alia, claimed that the present appellant claimed that the
The court emphasized that failure to frame essential issues, particularly regarding limitation under Section 10 of the Employee’s Compensation Act, invalidates the judgment.
The court affirmed that a heart attack can be deemed a work-related death if employment stress is a contributing factor.
The central legal point established in the judgment is the liability of the employer to pay compensation under the Employee’s Compensation Act, 1923, and the court's discretion to impose simple inter....
The appeal under Section 30 of the Workmen's Compensation Act is limited to substantial questions of law, and findings of fact by the Commissioner are final unless shown to be perverse.
The appellants were entitled to compensation for the employee's death as relationship with the employer was established, and the claim was not barred by limitation due to timing of civil death declar....
Workmen’s Compensation Act, 1923 is a social welfare legislation and it must be given a beneficial construction – Matters thereunder are to be adjudicated with due process of law and also with a keen....
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